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(영문) 광주지방법원 2016.10.25 2016노531
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of suspended sentence for six months of imprisonment) is too unfluened and unreasonable.

Judgment

It shows strong violence, such as the failure of the defendant to control decentralization, and it is recognized that there are many records of punishment for the same crime.

However, the court of the court below recognized the defendant's chronic disability disease and mitigated the punishment by applying Article 10 (2) of the Criminal Act. The defendant also promised to receive the mental and medical treatment in good faith, and there is no significant degree of damage suffered by the victims due to the defendant's crime.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, it is not recognized that the lower court’s punishment is too uneasible and

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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